2010 California Code
Government Code
Article 7. Fees

26720.  For services performed by them sheriffs shall charge and
collect the fees fixed in this article.



26720.5.  Notwithstanding Section 26720, fees otherwise payable by a
litigant pursuant to this article shall be waived or, if paid,
refunded, in any case in which the litigant is permitted by the court
to proceed in forma pauperis under rules adopted by the Judicial
Council pursuant to Section 68511.3.
   This section is declaratory of existing law, and the enumeration
in this section of fees to be waived shall not be construed to limit
the power of the court to waive fees in other instances, as permitted
or required under rules adopted by the Judicial Council pursuant to
Section 68511.3.



26720.9.  Notwithstanding any other provision of law, the amounts
set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and
26743 shall be thirty-five dollars ($35).
   This section shall become operative on January 1, 2011.



26721.  Except as provided in this article, the fee for serving or
executing any process or notice required by law or the litigants to
be served shall be the amount described in Section 26720.9, and there
shall be no additional fee for substitute service when substitute
service is authorized.
   However, no fee shall be charged for serving an emergency
protective order, protective order, or restraining order issued
pursuant to Division 10 of the Family Code (the Domestic Violence
Prevention Act) on a respondent who is in custody.
   In any case where property has been levied upon and, pursuant to
the levy, a copy of the writ of execution and a notice of levy are
required by statute to be served either personally or by mail upon
the judgment debtor or other person, no fee shall be charged for that
service.



26721.1.  In an action for unlawful detainer, the fee for service of
a summons, complaint, and prejudgment claim of right to possession
pursuant to Section 415.46 of the Code of Civil Procedure shall be
the amount described in Section 26720.9 for all occupants not named
in the summons. The fee is not refundable.


26721.2.  (a) For any action commenced in the superior court, the
fee for the service of the summons, the complaint for which the
summons is issued, and all other documents or notices required to be
served with the summons and complaint, is thirty-five dollars ($35).
   (b) This section shall become operative on January 1, 2008.




26722.  The fee for serving, executing, or processing any writ or
order where the levying officer is required to take immediate
possession of the property levied upon is eighty-five dollars ($85).



26723.  The fee for opening a safe-deposit box pursuant to Sections
488.460 and 700.150 of the Code of Civil Procedure is one hundred
twenty-five dollars ($125).



26725.  The fee for serving, executing, or processing a writ of
attachment, writ of execution, writ of sale, or order on real estate,
as to the initial service or posting of a continuous unbroken parcel
or tract, and the fee for serving a record owner other than the
defendant shall be the amount described in Section 26720.9.




26725.1.  The fee for the serving or posting of any additionally
required notices or orders on other parcels is ten dollars ($10)
each.


26726.  (a) The fee for keeping and caring for property under a writ
of attachment, execution, possession, or sale shall be one hundred
forty dollars ($140) when necessarily employed for any eight-hour
period or any part thereof. If an additional keeper or keepers are
required during these periods, the fee for the additional keeper or
keepers shall be the same as fixed, but, in no event shall any one
keeper receive more than two hundred eighty dollars ($280) during any
24-hour period when so employed.
   (b) In addition to the fees provided by Section 26721, the fee for
maintaining custody of property under levy by the use of a keeper is
thirty-five dollars ($35) for each day custody is maintained after
the first day.
   (c) Notwithstanding any other fee charged, a keeper shall receive
fifty dollars ($50) when, pursuant to Section 26738, a levying
officer prepares a not-found return.
   (d) This section shall become operative on January 1, 2011.




26727.  The fee for a copy of any writ, process, paper, order, or
notice actually made by him or her when required or demanded is fifty
cents ($0.50) a page, except that when correct copies are furnished
to him or her for use no charge shall be made for those copies.



26728.  The fee for preparing and posting the initial notice of
personal property sale under a writ of attachment, execution, or sale
or order of court shall be the amount described in Section 26720.9.



26728.1.  The fee for preparing and posting additionally required
notices of personal property sales is ten dollars ($10) each.



26729.  The fee for furnishing a notice for publication is ten
dollars ($10).


26730.  The fee for conducting or postponing the sale of real or
personal property as required by law or the litigant is eighty-five
dollars ($85).


26731.  Fifteen dollars ($15) of any fee collected by the sheriff's
civil division or marshal under Sections 26721, 26722, 26725, 26726,
26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and
26750 of the Government Code shall be deposited in a special fund in
the county treasury. A separate accounting of funds deposited shall
be maintained for each depositor, and funds deposited shall be for
the exclusive use of the sheriff's civil division or marshal.
   Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal. Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
   This section shall become operative on January 1, 2011.



26732.  The fee for publication of a notice in a newspaper is the
reasonable cost of the publication.



26733.5.  The fee for serving a writ of possession of real property
on an occupant or the occupants or for posting and serving a copy on
the judgment debtor is seventy-five dollars ($75). The additional fee
for removing an occupant or occupants from the premises and putting
a person in possession of the premises is fifty dollars ($50). The
fee for reposting of a notice to vacate shall be pursuant to Section
26721.



26734.  The fee for making a levy on personal property already in
possession of the officer who is holding it under attachment in the
same action shall be the amount described in Section 26720.9.



26736.  The fee for cancellation of the service or execution of any
process or notice prior to its completion shall be thirty-five
dollars ($35). The fee provided by this section shall not be charged
where a charge is made pursuant to any other section of this article
in attempting to serve or execute the process or notice.
   This section shall become operative on January 1, 2011.



26738.  The fee for making a not-found return on a summons,
affidavit and order, order for appearance, subpoena, writ of
attachment, writ of execution, writ of possession, order for delivery
of personal property, or other process or notice required to be
served, certifying that the person or property cannot be found at the
address specified is thirty-five dollars ($35).
   This section shall become operative on January 1, 2011.



26740.  The fee for the execution and delivery of a deed or
certificate of redemption is ten dollars ($10).



26741.  The fee for executing and delivering a certificate or deed
of sale is ten dollars ($10).



26742.  The fee for executing and delivering any other instrument
shall be the amount described in Section 26720.9.



26743.  The fee for subpoenaing a witness, including a copy of the
subpoena and any affidavit required to be served therewith, shall be
the amount described in Section 26720.9.



26744.  The fee for serving or executing a bench warrant arising
from an order of appearance issued under subparagraph (A) of
paragraph (1) of subdivision (a) of Section 491.160 or subparagraph
(A) of paragraph (1) of subdivision (a) of Section 708.170 of the
Code of Civil Procedure is fifty dollars ($50).



26744.5.  (a) The fees for processing a warrant issued pursuant to
Section 1993 of the Code of Civil Procedure shall be paid by the
moving party, as follows:
   (1) Thirty-five dollars ($35) to receive and process the warrant,
which shall include the issuance and mailing of a notice advising the
person to be arrested of the issuance of the warrant and demanding
that the person appear in court.
   (2) Thirty-five dollars ($35) to cancel the service of the
warrant.
   (3) Seventy-five dollars ($75) if unable to find the person at the
address specified using due diligence.
   (4) Eighty-five dollars ($85) to arrest the person, which shall
include the arrest and release of the person on a promise to appear
pursuant to Section 1993.2 of the Code of Civil Procedure.
   (b) The in forma pauperis fee waiver provisions under Rules 3.50
to 3.63, inclusive, of the California Rules of Court shall apply to
the collection of fees under this section.
   (c) This section shall become operative on January 1, 2011.



26745.  The fee for summoning a trial jury of 12 or less is two
dollars ($2), and for each additional juror, ten cents ($0.10).



26746.  In addition to any other fees required by law, a processing
fee of twelve dollars ($12) shall be assessed for each disbursement
of money collected under a writ of attachment, execution, possession,
or sale, but excluding any action by the local child support agency
for the establishment or enforcement of a child support obligation.
The fee shall be collected from the judgment debtor in addition to,
and in the same manner as, the moneys collected under the writ. All
proceeds of this fee shall be deposited in a special fund in the
county treasury. A separate accounting of funds deposited shall be
maintained for each depositor, and funds deposited shall be for the
exclusive use of the depositor.
   The special fund shall be expended to supplement the county's cost
for vehicle fleet replacement and equipment, maintenance, and civil
process operations.
   A fee may not be charged if the only disbursement is the return of
the judgment creditor's deposit for costs.



26746.1.  A seventeen-dollar ($17) fee shall be assessed by the
sheriff or marshal for certification of correction on each citation
that requires inspection for proof of correction of any violation
pursuant to Section 40616 of the Vehicle Code.
   All proceeds of the fee shall be deposited in a special fund in
the county treasury. A separate accounting of funds deposited shall
be maintained for each depositor, and funds deposited shall be for
the exclusive use of the sheriff's civil division or marshal.
   Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal. Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
   This section shall become operative on January 1, 2011.



26747.  For transporting prisoners to the county jail, the sheriff
shall charge the actual cost of such transportation.



26748.  In addition to the fees provided by this article, the
sheriff may collect from the litigant or person requiring his
services, his actual expenses for inspection, checking, releasing, or
any other handling of property under his custody, charge, or keeping
pursuant to any process, writ, order, paper, or notice, and actual
postal charges paid for mailing by registered mail or certified mail
any notice or demand required or authorized by law to be sent by
registered mail or certified mail.



26749.  The sheriff shall receive expenses necessarily incurred in
conveying insane persons to and from the state hospitals and in
conveying persons to and from the state prisons or other state
institutions, or to other destinations for the purpose of deportation
to other states, or in advancing actual traveling expenses to any
person committed to a state institution who is permitted to report to
an institution without escort, which expenses shall be allowed as
provided by Chapter 6 (commencing with Section 4750) of Title 5 of
Part 3 of the Penal Code for cases subject to that chapter, and,
otherwise, by the California Victim Compensation and Government
Claims Board and paid by the state.



26750.  (a) The fee for serving an earnings withholding order under
the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010)
of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure),
including, but not limited to, the costs of postage or traveling, and
for performing all other duties of the levying officer under that
law with respect to the levy shall be thirty dollars ($30).
   (b) Except as provided in Section 26746, no additional fees,
costs, or expenses may be charged by the levying officer for
performing the duties under the Wage Garnishment Law (Chapter 5
(commencing with Section 706.010) of Division 2 of Title 9 of Part 2
of the Code of Civil Procedure).
   (c) This section shall become operative on January 1, 2008.



26751.  After possession is taken of any vehicle by or on behalf of
any legal owner thereof under the terms of a security agreement or
lease agreement, the debtor shall pay the sheriff a fee of fifteen
dollars ($15) for the receipt and filing of the report of
repossession pursuant to Section 28 of the Vehicle Code before the
vehicle may be redeemed by the debtor. Except as provided herein, any
person in possession of the vehicle shall not release it to the
debtor without first obtaining proof of payment of the fee to the
sheriff. At the request of the debtor, a person in possession of the
vehicle, or the legal owner, may also release the vehicle to the
debtor provided the debtor pays the fifteen dollar ($15) fee, plus an
administrative fee not to exceed five dollars ($5), to the person in
possession or the legal owner, who shall transmit the fifteen dollar
($15) fee to the sheriff within three business days. The failure to
transmit the fee within three business days shall subject the person
in possession or legal owner receiving the fee from the debtor to a
fine of fifty dollars ($50). The proof of payment, or a copy thereof,
shall be retained by the party releasing possession to the debtor
for the period required by law, and the party releasing possession
shall provide a copy of the proof of payment to the debtor upon
request of the debtor.